DRP. YES I've read newbies thread

Cscarl

Hi.
I'm aware of the newbies thread and have not posted about this before and I am aware that new posts shouldn't be made however

I am 40 weeks pregnant hormonal and need advice on the likelyhood that they will take me to court. I have asked for POPULa code haven't received them. I have ignored all other letters etc. Demanding money twice then instalments letter now the final chance I pay letter saying if I don't I will be taken to court

What is the likely hood of this. Do I try and contact them again (I sent the template letter from here )
Do I ignore and hope to god they don't take me to court ?
Ticket was from smart parking at fisteral beach. Shall I contact the owners of the land can ? Does anyone know the owners contact details ?

Sorry again! From a very hormonal pregnant woman !!

Umkomaas

Chance of DRP taking you to court = absolutely none. It's not their 'debt' to pursue. But it's really the wrong question you are asking.

If you were asking what are the chances of the parking company taking you to court it might well be a different answer. But as we don't know which one is involved it would help if you could tell us. (EDIT TO ADD - sorry missed the fact you told us Smart Parking in your opening post, my bad skim-read!).

Also give us a little bit more detail like was it a windscreen ticket or was the car captured by ANPR. Date of parking incident, date of receipt of the NtK.

fisherjim

If you really have read the newbies thread you would not be asking if Debt Recovery Plus can take you to court.

We say don't make new posts about them because the answer is always the same.

Cscarl

Umkomaas thanks for being helpful, it was photo (not notice in the car ) parking ticket October 2016

And fisherjim thanks for being so rude. To split hairs ok it says our client (is smart parking ? May take you to court. ) yes I'm aware DRP can't take me to court ! Jeez

Cscarl

And yes if I didn't read the newbies thread how would I know about Popla codes and trying to contact landowners and template letters.

It is a long thread that can be confusing to follow if you aren't aware of the ins and outs so asking if I've actually read it is down right rude and patronising.

Umkomaas

Chance of Smart Parking taking you to court = none. But I'm afraid I need to caveat that by saying 'at the moment' based on the fact that they have never taken anyone to court. In the past 2 years they have issued over half a million tickets and there will be tens of thousands who are refusing to pay, yet not one has been issued with court papers.

http://www.bmpa.eu/companydata/Smart_Parking.html

But, here's a further caveat - they do have the balance of six years from the date of your parking ticket to pursue you through the courts. Four years ago, ParkingEye were similarly benign, yet they went from pushover to monster almost overnight and now regularly issue 30,000 court papers a year.

So those are the facts as they stand today. Hope that helps.

One other point, have you contacted the landowner to ask them to intervene? Was your parking 'contravention' connected to your pregnancy? Praying that in aid when contacting the landowner might persuade them to get involved.

If you get a landowner cancellation then that's it, it's all over, no six year wait for it to time out.

Redx

FOR CLARITY , DRP (or ZENITH) cannot and will not issue a POPLA code , nor can they issue court proceedings either, all they can do is send letters, dont read them , file them in a folder for 6 years along with all the paperwork so far

SMART PARKING "could" issue a court case within 6 years but dont seem to do so up until now, nobody can tell you any if or when but it times out after 6 years (but never say never but at the moment its doubtful)

SMART PARKING should have issued a POPLA code if you appealed the postal notice within 28 days , so your real question is what day was the postal notice (NTK) received and was it appealed within 28 days ?

and what was the reason for the notice ? non-payment by the driver ? overstay ? what ???

if yes, show us their rejection letter minus personal info so we can check for a popla code. this code should then have been used within 28 days

there is zero chance of a court case in the near future, these things take months even after an MCOL arrives from Northampton !!!

relax and try to calm down and get your head around it , nothing will happen in the foreseeable future

its a speculative invoice , nothing more

ivor pecheque can probably help you more with details etc, because there is some facebook site or similar where all this is discussed and info and advice given

the EA2010 may also apply here too

a landowner cancellation is best, think its the surf shop ?

apart from the NEWBIES sticky thread, please read this one too

https://forums.moneysavingexpert.com/discussion/5035663

Cscarl

Thank you for the extra info.
Unfortunately I did not appeal within 28 days because I was in the process of moving so they sent the parking ticket to old address (moved 4days before ticket and was on holiday )
I appealed to them when I got the first letter they just told me that appeal rejected and I must deal with DRP so obviously no POPLA code.

It was an overstay of 18 minutes (I was chucking up - hence the overstay. I didn't tell either smart eye or DRP this because it says not to claim you were the driver ?

Good to know where I stand right now and hope they don't turn into Parking Eye!

Thank you both again for your helpful advice I will keep all letters as I have been will also try and contact Britanca Industries to see if they will ask for it to be cancelled or has the lease / sale changed ?

Umkomaas

ivor pecheque can probably help you more with details etc, because there is some facebook site or similar where all this is discussed and info and advice given

Here you go:

https://www.facebook.com/groups/NewerNewquay/

fisherjim

fisherjim wrote: »

If you really have read the newbies thread you would not be asking if Debt Recovery Plus can take you to court.

We say don't make new posts about them because the answer is always the same.

OK but your title (twice) says DRP, I didn't think I was rude, believe me you would know if I was.

However I am sorry if I offended you, but if you think that is rude or upsets you an onslaught of letters from the PPC arsenal will make me seem tame!

Redx

so if the parking was paid for and it was an overstay , then if you read clause #13 of the BPA CoP you are allowed TWO grace periods , one before of say up to 10 minutes to park up , read the signs , pay at the machine and place it on your vehicle , and one after of OVER 10 minutes to leave

due to your condition you may be able to claim added time due to the landowner and not so SMART having to make "reasonable adjustments" , possibly under the EA2010 , plus this car park is notorious in getting in and out

SMART only monitor "time on site" , not actual PARKING time

shame you did not get a POPLA code to see this off, but if they took the case further you could ask the court for ADR by POPLA to not waste the courts time , then seek further help on completing a popla appeal at that time

so just file all the paperwok so far and keep doing so, returning if you get an LBC or an MCOL - try for a landowner cancellation

SMART have no idea who was driving , you , me , umkomaas , fisherjim , anybody , so by telling "your story" it doesnt give away who was driving , it only gives away one occupant of the vehicle , who may well have been a passenger